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(영문) 대전지방법원홍성지원 2016.12.22 2016가합865

제명취소청구

Text

1. The Defendant’s expulsion disposition against Plaintiff C as of January 28, 2016 and the Plaintiff’s expulsion disposition against Plaintiff A as of June 28, 2016.

Reasons

1. Basic facts

A. 1) The Defendant is a cooperative consisting of members who have obtained a private taxi license from the competent authority in Chungcheongnam-do. The Plaintiffs are the members of the Plaintiff’s association affiliated with the Jin-si branch of the Defendant Cooperative after obtaining a private taxi license. The Plaintiffs are the limited liability companies D (hereinafter “D”) established on August 25, 201 to run the taxi brand call business. Plaintiff A was appointed as a director of D on July 1, 2015, but was dismissed on January 25, 2016, and Plaintiff B was a member of D.

B. The Plaintiffs had experienced disputes regarding the operation of D between E and some operational personnel, such as E, who are the former headquarters of D (hereinafter “E”), by asserting that E performed unfair business operations and embezzled public funds, and filing criminal complaints.

C. 1) On January 28, 2016, the Defendant held a first meeting of the board of directors of the Jin-si branch on the ground that “the Plaintiff B, who belongs to the Jin-si branch, instigated its members to wear various printed articles and attached printed articles on a will spread and bulletin board, thereby creating a non-Confidence in the name of the head of the branch,” and made a resolution on the expulsion of the members against the Plaintiff B. In addition, the Defendant held a meeting of the second meeting of the chairman of the Jin-si branch on March 25, 2016 on the ground that “the Plaintiff A, who belongs to the Jin-si branch, instigated its members to be attached to various printed articles, such as inciting and dividing its members, etc., and ordered the Plaintiff’s members to pass a resolution on the expulsion of the Plaintiff B.

3. Accordingly, the plaintiff A filed an objection pursuant to Article 14 of the Criminal Procedure Act, and the defendant held a disciplinary committee on April 28, 2016 at the third meeting of the board of directors on April 28, 2016 to take disciplinary action after hearing the plaintiff A's remarks.